July 10, 2013

New child support guidelines effective in Massachusetts August 1st

Effective August 1, 2013 the trial
court in Massachusetts will issue new, revised child support guidelines. These were
created following a comprehensive review by the child support guidelines task
force, which conducted the review.

The child support guidelines are used
by trial court judges in setting temporary, permanent, or final orders for
current child support, in deciding whether to approve agreements for child
support, and in deciding cases that are before the court to modify existing
orders.

The revised child support guidelines are
an attempt to account for the economic realities facing families in
Massachusetts…in the entire state, and an attempt to ensure the well-being of
the children of the Commonwealth.

The 2012 child support guidelines task
force recommended a number of clarifications and changes. Some are minor, while
others represent new or modified provisions. The most significant include:

Income from means tested benefits such as SSI,
TAFDC, and SNAP are excluded for both parties from the calculation of
their support obligations.

Availability of employment at the attributed
income level must be considered in attribution of income cases.

The text makes clear that all, some, or none
of income from secondary jobs or overtime may be considered by the court,
regardless of whether this is new income or was historically earned prior
to dissolution of the relationship.

Reference is made to the 2011 Alimony Reform
Act. The text does not, however, provide a specific formula or approach
for calculating alimony and child support in cases where both may be
appropriate.

Clarification is given as to how child support
should be allocated between the parents whose combined income exceeds
$250,000.

A new formula is provided for calculating
support where parenting time and expenditures are less than equal, (50/50,)
but more than the assumed standard split of two thirds/one third.

Guidance and clarification is given in the
area of child support over the age of eighteen where appropriate. While
the guidelines apply, the court may consider a child’s living arrangements
and post-secondary education. Contribution to post-secondary education may
be ordered after consideration of several factors set forth in the guidelines,
and such contributions must be considered in setting the weekly support order,
if any.

Circumstances justifying a deviation are
expanded to include extraordinary health insurance expenses, child care
costs that are disproportionate to income or when a parent is providing
less than one-third parenting time.

For both payors and or recipients of child support these changes could be
significant. Be sure to review your current orders with a family law attorney
to ensure you are not affected.